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Possession Claims - Mortgage arrears

Duncan Lewis Housing Solicitors – Possession Claims & Mortgage Arrears


If you have a mortgage and you fall behind with your mortgage payments, your lender may decide to repossess the property.


Mortgage lenders – ie the bank or building society – are able to repossess mortgaged homes because once a mortgage is agreed and the monies are forwarded, the lender takes a charge on the property. This means that they have a right over the property and will hold the deeds until the mortgage is paid off.


Whether your mortgaged home is freehold or leasehold, a mortgage lender can do this if you have fallen into mortgage arrears – and may issue a claim for possession of the property if you are unable to pay the arrears and continue your mortgage payments.


If you have received notice of a repossession order against you, taking legal advice from a specialist housing solicitor dealing with mortgage repossession is the only option to try and save your home.


Duncan Lewis possession claims solicitors regularly advise clients on mortgage possession claims – including cases where homeowners may not be able to pay the arrears or cannot continue with the mortgage agreement.


In these cases, unless a homeowner takes legal advice, they may find themselves not only losing their home, but also homeless after eviction.


Duncan Lewis can advise on the options available for remaining in your home if you have fallen into mortgage arrears – which is sometimes possible if you agree to certain conditions with your lender – and can help negotiate with the lender on your behalf.


Duncan Lewis can also advise on dispute resolution and mediation in mortgage arrears repossession cases.


If you are already on the verge of losing your home and being evicted, Duncan Lewis housing solicitors can take swift action to help you – and can also advise on applying to the council to be housed if you are already homeless (for example, you have lost your home and are staying on a friend’s floor).


If you feel that your home might have been repossessed illegally – for example, you have paid the mortgage and the service charge but have still been evicted or the freeholder has taken possession of the property, contact Duncan Lewis for expert legal advice on illegal eviction.


Duncan Lewis housing solicitors also advise landlords on alleged illegal eviction of tenants or leaseholders.


Why use Duncan Lewis Housing Solicitors?


Duncan Lewis housing solicitors advise both landlords and tenants in housing matters, including mortgage arrears repossession cases and unlawful eviction cases.


Duncan Lewis solicitors also have departments covering all areas of law, including social housing law, debt management and family law – which may also be relevant in housing cases involving mortgage arrears repossession cases.


If a client is not eligible for public funding (Legal Aid) for a housing case, Duncan Lewis is usually able to offer a Conditional Fee Agreement (CFA).


Duncan Lewis also offers a set fee for the initial assessment of a housing case, so our clients know exactly what they will be paying.


For expert legal advice on Mortgage Arrears Repossession Claims, call Duncan Lewis Housing Solicitors on 020 7923 4020.

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